from a particular point in political history. The bulk of the existing articles on similar topics were published between the 1970s and 1990s, making this book significantly more recent. The currency of this publication also allows for a new lens to be applied to the historical, declassified documents, and Poznansky’s suggestions for applications in future research are valuable. Overall, this text is a timely publication in an era of increased geopolitical unease, particularly considering recent events in the United States. REVIEWED BY HANNAH STEEVES Instruction & Reference Librarian Sir James Dunn Law Library Schulich School of Law, Dalhousie University Inalienable Properties: The Political Economy of Indigenous Land Reform. By Jamie Baxter. Vancouver: UBC Press, 2020. 226 p. Includes illustrations and tables. ISBN 9780774863421 (hardcover) $80.00. Property represents a fundamental base from which economic participation occurs. The value of freely alienable property can be leveraged for investment in a variety of ways such as through transfers, mortgages, leases, and subdivisions. Indigenous lands, however, are not so freely alienable. Is inalienability of lands an insurmountable obstacle to economic development or a valuable assurance for future generations? What options do Indigenous communities have for the reform of land management that can strike a balance between present and long-term economic stability? In Inalienable Properties, author Jamie Baxter describes the historic and current legal frameworks that impose significant restrictions on the governing of Indigenous lands, the nature of land ownership, and the inalienability of these lands, while also taking a unique turn and presenting these issues on the context of a comprehensive discussion of game theory. This approach, which includes equations and matrices, is used to describe the trade-offs that communities and leaders must consider while making decisions regarding Indigenous lands. It is through this perspective that the leadership guiding communities through major decisions on the adoption of land management models is explored. The author raises the following questions: What land reform tools will be used to leverage the value of Indigenous lands for the benefit and economic development of the community? How does the leader gain, maintain, or lose community support for such endeavours? To what extent will constraints on inalienability be maintained or challenged in creative ways? And how will this impact the community for current and future generations? Baxter presents a detailed case study for four Indigenous communities: the Westbank, Membertou, Nisga’a, and James Bay Cree nations. Collectively, these four studies include geographic examples from the East Coast, West Coast, and northern Quebec; historical and modern treaties; and lands bordering both growing urban centres, with the associated pressures of urban development, and more remote areas facing the challenges of resource development.
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The case studies also discuss several issues encountered by the leaders in each community, such as the extent to which lands will become alienable, the nature of non-member investment and interest in community lands, and the tradeoff between present economic gain and maintaining a land base for future generations. The author provides the reader with a view into the land reform decisions affecting these communities at key points in their history. However, what is lacking is greater discussion surrounding the future impacts of following a particular path over a prolonged period. Baxter provides a cursory discussion on the development of the legal framework for findings of Aboriginal title by referencing decisions such as Calder v British Columbia (1973) and Tsilhqot’in v British Columbia (2014), and for treaty rights by referencing decisions such as R v Marshall (1999). However, rather than giving the reader an extensive analysis of the legal framework and the evolution of reasoning through the courts, Baxter includes these decisions as part of a discussion of leadership and governance. The author provides an examination of the individuals involved in bringing some of these key questions before the courts. The text presents a study of leadership and organizational decision-making that takes a new approach to Indigenous studies and adds an Indigenous perspective to the body of organizational theory. Inalienable Properties opens the door for the further examination of Indigenous land management decisionmaking in the context of institutional governance theory. What is not mentioned is how this discussion can best inform a path toward reconciliation. Several of the calls to action in the summary of the final report of the Truth and Reconciliation Commission of Canada (2015) spoke in general terms to changes in the way governments and the Canadian corporate sector can embrace a reconciliation framework that questions past assumptions around land and commits to meaningful consultation, respectful relationships, and free informed consent for economic development projects. Readers are asked how these principles may be considered alongside organizational leadership in Indigenous communities and what options are available for alienable property rights to benefit communities now and in the future. REVIEWED BY IZAAK DE RIJCKE, LL.M. Certified Specialist (Real Estate Law) Guelph, Ontario Legal Research: Step by Step. By Arlene Blatt & JoAnn Kurtz. 5th ed. Toronto: Emond Montgomery, 2020. ISBN 978-1-77255-602-5 (softcover) $107.00. Textbooks pose challenges to reviewers, who must employ their skills to evaluate the accuracy of a textbook, then do their best to forget much of what they know to assess whether it meets the needs of its audience. Legal Research: Step by Step poses these challenges. It is a textbook designed to support introductory research and writing courses for law clerks and paralegals. The authors are members of the faculty of Seneca College, and previous editions of this
2021 Canadian Law Library Review/Revue canadienne des bibliothèques de droit, Volume/Tome 46, No. 1